H S MOHANAMBA Vs. MS VATSALA WATSA

JUDGEMENT

(1.) THIS petition is filed by one Smt. H.S. Mohanamba, W/o Yellaiah, challenging the detention order dated 14-7-2006 issued by the first respondent in terms of the provisions of COFEPOSA. The petitioner also seeks a direction to the 4th respondent to set at liberty the COFEPOSA detenue R. Yellaiah.

(2.) THE facts narrated in the Writ Petition are as under: THE detenue has put in more than 31 years of blemishless service in the Department of Customs. He was posted to the Postal Appraising Department of the Foreign Post Office, Bangalore. He took charge from the predecessor Sri E. Lakshmanan. He explained the procedures and practices followed in the Foreign Post Office PAD wing. THE detenue followed the same. Based on such information, Officers of the DRI Maintained surveillance at Frazer Town Post Office. On 28-12-2005, at about 9.30 A.M. a Tata Indica Car. comes along with driver and occupant: THE occupant goes into the post office and later he comes out of the post office. At 9.50 A.M. the car is intercepted. Four parcels in the possession of Riyazudeen are seized. THE parcels were addressed to M/s. Acuta Spectra Inc. THE said Riyazudeen informed the DRI officers that he had come to collect the four parcels on behalf of one Abdul Khader who is living in the ground floor of his house. Sri Abdul Khader arranged the car. Riyazudeen stated that the said Abdul Khader had asked him to contact one Ganesh of Frazer Town post office to take delivery of the parcels. THE four parcels with the declaration/covering note on top "Computer Parts-Chapter 87 Duty Exempted" were opened and were found to contain RAM"s. THE said RAM's were seized under a Mahazar. THE residences of M/s. Acuta Spectra and Riyazudeen were searched and certain documents relevant to the investigation were recovered. THE statement of Riyazudeen was recorded on 28-12-2005.. THEreafter in terms of the statement, the residence of one Sri Ammasi was also searched. THEreafter, the statement of Sri Putaramu the driver of the car was recorded.

(3.) THE State Government would deny various allegations made against it by way of a detailed affidavit. THE State Government also says that the proceedings of the Advisory Board were conducted and thereafter the Advisory Board has accepted the detention. THE State Government in these circumstances requested this Court to dismiss the Writ Petition.